Registration of Trademark in Nepal

Registration of Trademark in Nepal

Trade Marks are word or symbols that are used to distinguished the products or services of one manufacturer or supplier from those of another. Trade Mark consist of a word, letters, numbers, a symbol, a signature, a shape, a slogan or even a musical jingle.  It is any sign that individualizes goods of enterprises and distinguishes them from goods of the others.

This article only talks about the basic information about the Trade Mark and the registration process about the Trade Mark.  

Relevant laws and competent authority for the Registration of the Trade Mark

1) The Patent Design and Trade Mark Act, 2022

2) Department of Industry ("DOI") under Ministry of Industry

Registration is the legal way for the protection of the product and it is a statutory monopoly in a Trade Mark and to qualify for Registration of a Trade Mark its must fulfill these requirements;

1) Distinctive,

2) Different from existing marks of other traders,

3) Neither descriptive nor misdescriptive of the goods for which is to be registered to be used.

There is an established hierarchy of Trade Mark ranging in terms of legal protectability from strong to weak. Four categories are recognized and are in descending order:

1) invented or Arbitrary

2) suggestive

3) Descriptive

4) Generic

Department of industry ("DOI") is the competent authority for the registration of the Trade Mark and it has dual functions for the protection of the Trade Mark and enforcement right over the Trade Mark if there is case of infringement.

                                                               Department of Industry ("DOI")

 Administrative functions                                      

1) Trade Mark Registration ,                      

2) Trade Mark renewal,

3) Transfer of ownership of Trade mark,

4) Record (Name and Address) of Trade mark

Quasi-Judicial functions

1) Pre-position of Trade mark

2) Revocation of Trade Mark

3) Action against infringement, unauthorized use and limitation of Trade mark

Here are some of the frequently asked question about the Registration of trade mark in Nepal

Q.1) what are the legal ground of the registration of the Trade mark?

Registration is one of way protecting Trade mark. Trade mark does not get the legal protection until it is registered in the competent authority. Any person desiring to register the Trade Mark should submit the application pursuant to sec 17 of PDTA.

Q.2) what is the process of the registration of local Trade Mark in Nepal?

There are certain steps which you need to follow for the registration of Trade Mark, the steps are stated below.

First step: First you need submit the application to the Department

Second step: Department will conduct examination upon the application whether it is appropriate to register or not.

Third step: After completion of all requirement department will publish the Trade Mark in IP bulletin for the information of general public.

Fourth step: Registration of Trade Mark, if there is no any objection of third party. Anyone who has any objection to the particular Trade Mark published by department may file a complaint within 35 days of such application.

Q.3) What is the benefits of the registration of Trade mark?

Owner of the registered Trade mark has the exclusive right over the product and can prevent all the third parties using the product without consent of the owner that is identical or similar goods or services and signs.

Q.4) what are the documents required for the registration of Trade Mark?

Documents that are required for the registration of Trade Mark are as follows;

S.N

                        Documents

No. of Copies

Format

  1.

    Application of Registration of Trade Mark

           1

          Yes

  2.

   Tax Registration certificate of the proprietor

           1  

          N/A

  3.

    Four specimen of such Trade Marks

           4

     Yes (8×8 C.M)

  4.

    Power of attorney

           1

          No

  5.

    Industrial registration certificate or license from             concerned authority

           1

          No

  6.

Registration fee

           1

           No

 

Q.5) is there any ground where Department refuse to register the Trade Mark?

Sec 18(1) has stated ground for the refusal of the registration, here are the grounds;

1) If such Trade Mark hurt the prestige of any individual or institution,

2) If such Trade mark adversely affect the public conduct or morality,

3) If such Trade mark undermines the national interest or reputation of the Trade mark of any person,

4) In case such Trade mark is found to have already been registered in the name of another person.

Q.6) what time does it take for the registration of Trade Mark?

It takes 12 to 14 months to complete the process of trade mark registration if there is no complaint of objection is filed.

Q.7) what is the validity for the registered Trade mark?

The validity for the registered Trade mark is up to 7 years from the date of registration.

Q.8) required fee for the registration of Trade Mark?

  1

          Application fee

                NPR 2000

  2

          Registration fee

                 NPR 5000

Please note that this guide is published for general information only and should not be considered as legal advice. You are requested to seek legal advice for specific factual situations. Please note that copyright for this Q&A vests on Sada Associates.

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